---
kind: "section"
citation: "25 C.F.R. § 63.21"
title: "25"
number: "63.21"
heading: "Are there other factors that may disqualify an applicant, volunteer or employee from placement in a position which involves regular contact with or control over Indian children?"
url: "https://uscodex.org/cfr/25/63.21"
---

# §63.21. Are there other factors that may disqualify an applicant, volunteer or employee from placement in a position which involves regular contact with or control over Indian children?


Yes.

- (a) An applicant, volunteer, or employee may be disqualified from consideration or continuing employment if it is found that:
  - (1) The individual's misconduct or negligence interfered with or affected a current or prior employer's performance of duties and responsibilities.
  - (2) The individual's criminal or dishonest conduct affected the individual's performance or the performance of others.
  - (3) The individual made an intentional false statement, deception or fraud on an examination or in obtaining employment.
  - (4) **The individual has refused to furnish testimony or cooperate with an investigation.**
  - (5) The individual's alcohol or substance abuse is of a nature and duration that suggests the individual could not perform the duties of the position or would directly threaten the property or safety of others.
  - (6) The individual has illegally used narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation.
  - (7) The individual knowingly and willfully engaged in an act or activities designed to disrupt government programs.
- (b) An individual must be disqualified for Federal employment if any statutory or regulatory provision would prevent his/her lawful employment.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13, 200, 3201 et seq.; 42 U.S.C. 13041.

### Source

Source: 61 FR 32274, June 21, 1996, unless otherwise noted.